Terms and conditions
General Terms and Conditions (GTC)
§ 1 Area of Validity
(1) The present General Terms and Conditions are valid for all business relationships between the publishers Hans Sikorski International Music Publishers Ltd. & Co. and their clients in the respective version valid at the time of the conclusion of the contract, insofar as they relate to business cases which are electronically transacted.
(2) These General Terms and Conditions are exclusively valid; conditions of the client deviating from our terms and conditions or opposing them cannot be accepted unless Sikorski Publishers have approved this individual case in writing.
§ 2 Realisation of the Contract
(1) The description of our product assortment on the internet only serves to inform the client. This is not an offer for the conclusion of a contract in the sense of § 145 BGB. Contractual obligations, e.g. in the sense of a delivery guarantee, do not yet arise for Sikorski Publishers through this.
(2) When the client sends an order to Sikorski Publishers, he submits an offer for the conclusion of a contract. Sikorski Music Publishers can accept this offer within two weeks by sending an order confirmation (by e-mail) or by sending the ordered products within this deadline. If individual points of information concerning the assortment on the website are faulty, Sikorski Music Publishers shall point this out separately to the client after receiving the order and submit a corresponding counter-offer to him. If Sikorski Music Publishers cannot accept the offer, this will be communicated to the client in electronic form.
§ 3 Cancellation Right of the Client
(1) The client has the right to cancel his declaration of intent indicated in the contract conclusion within 14 days after receiving the products, by sending the products back to Sikorski Music Publishers. The punctual sending of the products suffices for the observance of the deadline.
(2) The client must bear the expenses of the return of products only if the price of the product being returned does not exceed € 40, or in case of a higher price, if the buyer has not yet rendered a return service (quid pro quo) or a partial payment, unless the delivered products do not correspond to the ordered products.
(3) In case of a cancellation, Sikorski Music Publishers will pay a possibly already paid purchase price back to the client. With return payments abroad, any transfer fees which may be due will be deducted.
(4) In case of essential worsening or a loss of the product, the client must replace the corresponding decrease in value or loss to Sikorski Music Publishers in case of his cancellation. If the client has already paid the purchase price, Sikorski Music Publishers have the right to deduct the decrease in value from the amount of the return payment.
(5) The cancellation right does not apply in the following cases: a) with contracts for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by the client; b) with contracts for the delivery of products produced according to the client’s specification in the sense of § 3 sec. II No. 2 of the long distance transactions law or which are not suitable for a return sending, e.g. antique articles.
§ 4 Delivery of the Products Ordered
(1) Sikorski Music Publishers will deliver the products ordered as quickly as possible to the address given by the client in the order. In so doing, Sikorski Music Publishers have the right to partial deliveries.
(2) The costs for the individual deliveries are charged by Sikorski Music Publishers to the client at the respective amount shown. All risks and dangers of the shipment are transferred to the client, as soon as the products are delivered by Sikorski Music Publishers to the appointed deliverer.
(3) Information concerning delivery deadlines is not binding, unless something else has been expressly agreed upon.
§ 5 Retention of Title
The delivered objects remain the property of Sikorski Music Publishers until complete payment is made by the client.
§ 6 Date Due and Payment of the Purchase Price
(1) The purchase price is due upon conclusion of the contract.
(2) The payment takes place via automatic debit transfer system (only Germany), credit card, PayPal or advanced payment. With regard to the type of payment, Sikorski Music Publishers orientate themselves according to the client’s wishes.
(3) If the client is in arrears, Sikorski Music Publishers have the right to demand default charges amounting to 5 % p. a. above the basis rate of interest in accordance with § 1 of the Bank Rate Transfer Law of 9 June 1998 (BGBl. I S. 1242).
(4) The client only has the right to offsetting if his counterclaims are undisputed or have been established as legally binding.
§ 7 Guarantee and Liability
(1) Sikorski Music Publishers are responsible for defects which are present when the products are handed over during the legal guarantee limit. Exceptions to the guarantee are consequential damages as well as defects in facsimiles and archive material.
(2) The client initially has the option whether the supplementary performance should take place through amendment or compensational delivery. Sikorski Music Publishers, however, have the right to refuse the type of supplementary performance chosen by the client if it is only possible at disproportionate expenses and the other type of supplementary performance remains without any considerable disadvantages for the client. Reduction of the purchase price or the withdrawal of the client from the contract is out of the question during the supplementary performance. An amendment will be considered a failure, upon the second failed attempt, if nothing else in particular results from the type of thing or defect or from the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the client can demand a reduction in price according to his choice, or declare his withdrawal from the contract.
(3) Damage compensation claims under the following conditions due to the defect can only be asserted by the client if the supplementary performance has failed or if we have refused the supplementary performance. The right of the client to assert continuing damage compensation claims under the following conditions remain unaffected by this.
(4) Sikorski Music Publishers are unrestrictedly responsible, irrespective of the previously named regulations and the following liability restrictions, for damages to life, body and health which are based on a negligent or intentional violation of duties of our legal representatives or our performing agents, as well as for damages which are covered by the liability in accordance with the Product Liability Law, as well as for all damages based on intentional or grossly negligent violations of the contract as well as malice, of our legal representatives or our performing agents. Insofar as Sikorski Music Publishers have provided, regarding the products or parts of the same, a quality and or durability guarantee, you are also liable within the scope of this guarantee. However, Sikorski Music Publishers are only responsible for damages based on the lack of the guaranteed quality or durability, but do not occur directly in the products, if the risk of such damage is obviously registered by the quality and durability guarantee.
(5) Sikorski Music Publishers are also responsible for damages caused by ordinary negligence, insofar as this negligence applied to the violation of such contractual duties to which the adherence is of particular importance for the attainment of the aim of the contract (cardinal duties). However, we are only liable insofar as the damages are connected with the contract in a typical way and are predictable. In cases of ordinary negligence of subsidiary duties not essential to the contract, we are not otherwise liable. The liability restrictions in sentences 1-3 are also valid insofar as the liability for the legal representatives, executive employees and other performing agents is affected.
(6) A continuous liability without consideration of the legal nature of the asserted claim is out of the question. Insofar as our liability is excluded or restricted, this is also valid for the personal liability of our employees, staff, colleagues, representatives and performing agents.
§ 8 Data Protection
All the data of our clients are handled confidentially. The storage and processing of these data occurs exclusively to the extent approved of by the client and under strict observation of legal stipulations, such as the Federal Data Protection Law and the Information and Communication Service Law. Passing these data on to third parties - who neither stand in a relationship to this contract fulfilment, nor are members of the enterprise group of Sikorski Music Publishers - is out of the question. Sikorski Music Publishers have the right to transmit the personal data of the clients for the purposes of credit inspection and solvency surveillance within the scope of a data exchange to members of the enterprise group of Sikorski Music Publishers. Moreover, Sikorski Music Publishers have the right to transmit personal data of the SCHUFA (credit investigation company).
§ 9 Final Stipulations
(1) The law of the Federal Republic of Germany is in force, under exclusion of the UN Sale of Goods Law (CISG). The place of fulfilment and legal domicile is Hamburg.
(2) The ineffectiveness of individual stipulations does not affect the remaining effectiveness of the contract and of these General Terms and Conditions.